Maintaining Status

Requirements

To maintain lawful H-1B visa status in the United States, follow the procedures outlined below.

Have Valid Documents

You may only be employed and paid at WSU when:

A customs officer at port of entry has affixed an I-94 stamp indicating H-1B status in your passport; and

It is during the validity dates indicated on your H-1B Form I-797 approval notice.

Different conditions may apply if you are:

Changing status to H-1B

Changing your H-1B employer

Granted an H-1B extension or amendment
Have H-1B concurrent employment

Work Only On The Job Your H-1B Specifies

H-1B status is employer- and employment-specific. You are authorized to work only for your hiring unit at WSU.

If you wish to change employers, your new employer must petition with USCIS on your behalf for a new H-1B visa.

If You Wish to Change Jobs

You are only authorized to be employed and paid for the specific job that was authorized by USCIS. A new job with another U.S. employer will require a new H-1B petition for a qualified specialty occupation.

If you want to change to a new job at WSU, immediately contact an advisor in Global Services. You and your department are required to consult with Global Services before you can start a new position at WSU. You’ll need to file a new H-1B petition, unless the new job is substantially similar to your current position.

Make Employment Your Primary Purpose

While you may enroll in school while in H-1B status, your studies can only be incidental. Employment must remain your primary purpose for entering the country.

If you enroll in a course of study, you may not accept an assistantship or other student job.

Report Changes in Employment Terms and Conditions

The U.S. government requires you to report any upcoming change(s) in your employment terms and conditions to WSU Office of International Programs Global Services before changes take effect.

Changes to report:

Job title

Salary

Job location

Job duties

Job requirements

Working hours

Resignation

Early termination of your job by the employer

If You are Offered a Promotion

Immediately contact an advisor in Global Services. Do not work in your new position unless you receive specific instructions from Global Services. You may need to file an H-1B amendment petition with USCIS.

If Your Job is Terminated Early

Leave the United States by Your Last Working Day

When your job with your sponsoring employer ends, you no longer have lawful H-1B status in the United States. Be sure to leave the United States by your last working day. Failure to do so may make you ineligible to re-enter the United States.

Your Employer Pays for Your Trip Home

If you are terminated by your H-1B sponsoring employer before the end date shown on your current USCIS H-1B approval notice, the sponsoring employer owes you reasonable transportation costs back to your residence abroad. This is true regardless of the reason for termination: nonrenewal of employment contract, lack of funding, unsatisfactory performance, or other reasons.

Do Not Use Your H-1B Approval Notice Improperly

If terminated, you cannot use your USCIS H-1B approval notice to apply for an H-1B visa and seek entry to the United States as an H-1B worker. Doing so may be considered fraud. It could make you inadmissible to the United States.

Report Any Address Changes

Within 10 days of any move in the United States, report your address change to all of the following:

Don’t Assume You Have an Extra Ten days in the United States.

There is no “grace period” for H-1B workers. H-1B status is date specific. At the U.S. port of entry, a customs officer may or may not give you an extra 10 days beyond your H-1B validity period.

If you are granted an extra 10 days, no employment is allowed during that period.

If you are not given an additional 10 days, you must exit the United States by the last date of your authorized employment as determined by:

Reaching your H-1B expiration date;

Early termination by your employer; or

Resignation

Exceptions

Change of status case pending with USCIS

If your case is pending before your H-1B employment ends, you may be able to stay longer in the United States Talk with Global Services about your particular circumstances well before the final date arrives.

Change of H-1B Employer

You may be able to remain in the United States to begin your new job. Do not resign your current WSU job until your new H-1B employer tells you to do so.

Traveling Outside the United States

Verify regulations and required documents before traveling outside the United States.

Changes to Your H-1B Visa

If you are currently working at WSU in H-1B status and need to request a change, follow the procedures below.

Situation

Procedures

H-1B extension
You are currently working at WSU, but your H-1B status will expire in the near future. Your hiring unit decides to extend your H-1B stay.
You have not yet completed the 6-year stay in the U.S. allowed under H-1B status.

Your hiring unit must contact Global Services to initiate an extension request on your behalf.
Once you have a receipt notice from USCIS for the extension request, you may remain in the U.S. and continue working for up to 240 days while you await approval. You must have maintained legal H-1B status.

H-1B amendment
You are currently working at WSU in H-1B status. A change in your employment terms and conditions warrants a new H-1B petition. Examples might include changes in the following:
• Salary
• Job title
• Job duties
• Job location
• Job requirements
• Working hours
• Department to which you report

First, Global Services must determine if an H-1B amendment petition is necessary. The change cannot take effect until a receipt notice is received from USCIS.
Once a receipt notice has been received, you may remain in the U.S. and continue working for up to 240 days while you await approval. You must have maintained legal H-1B status.

Change of employer (transfer)
You are currently working in H-1B status for one U.S. employer and intend to work for another U.S. employer in H-1B status.

You may begin working for your new employer only after:
• That employer has filed an H-1B petition with USCIS on your behalf, and
• You have received a receipt notice.
Once you have a receipt notice, you can remain in the U.S. and continue working for up to 240 days while you await approval. You must have maintained legal H-1B status.

Concurrent H-1B employment
You are working for a U.S. employer in H-1B status and would like to work in H-1B status for another employer at the same time.

You may begin working for your new employer only after:
• That employer has filed an H-1B petition with USCIS on your behalf, and
• You have received a receipt notice.
Once you have a receipt notice, you can remain in the U.S. and continue working for up to 240 days while you await approval. You must have maintained legal H-1B status.